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Enforcement of Local CM Rip-hts Protection Under Indiana Law <br /> uestion; Can the City of South Bend enact and enforce an ordinance <br /> prohibiting discrimination on the basis of sexual orientation and gender <br /> identity when the State's Civil Rights statute does not include sexual <br /> orientation or gender identity as protected classes? <br /> Answer: Yes. Based upon the Horne Rule statute, the Civil Rights statute, <br /> the City's police powers and case law, the City of South Bend can enact an <br /> ordinance prohibiting discrimination based upon sexual orientation and <br /> gender identity. Since Indiana law specifically authorizes cities to adopt <br /> ordinances to effectuate the state's civil rights public policy, there is no <br /> conflict with existing state taw. <br /> The enforcement mechanism for this ordinance is the City's Human <br /> Rights Commission. <br /> Table of Contents: <br /> 1. Introduction <br /> II. Discussion <br /> 1. Is authority given to the South Bend to remedy discrimination by amending the <br /> Human Rights Ordinance? YES,pursuant to: <br /> A. Indiana Code 36-1-3 (Biome Rule) <br /> B. Indiana Code 22-9-1 (Civil Rights) <br /> C. City's police powers under common law <br /> D. case law <br /> 2. what is the standard of review for the proposed legislation? Is there compelling <br /> government interest to amending the Ordinance? YES,there is compelling <br /> government evidence to meet the standard of strict scrutiny. <br /> 3. Is there a factual basis of discrimination occurring in the City of South Bend <br /> showing the need to address such discrimination in order to prove that the amendment <br /> would remedy identified discrimination? YES, a factual basis of discrimination has <br /> been demonstrated. <br /> III. Conclusion <br />